BLUEBERRY SALES v. CALLEBAUT AG

Full title: BLUEBERRY SALES, L.L.P., Appellant, v. BARRY CALLEBAUT AG, Appellee

Court: Court of Appeals of Texas, Eighth District, El Paso

Date published: Jun 3, 2009

No. 08-07-00239-CV (Tex. App. Jun. 3, 2009)

Opinion

No. 08-07-00239-CV

June 3, 2009.

Appeal from the 327th District Court of El Paso County, Texas, (TC# 2006-1437).

Before McCLURE, J., ABLES, Judge, and GOMEZ, Judge.

ABLES, Judge, sitting by assignment.

GOMEZ, Judge, sitting by assignment.

MEMORANDUM OPINION

ANN CRAWFORD McCLURE, Justice.

Pending before the Court is the joint motion of Appellant, Blueberry Sales, L.L.P., and Appellee, Barry Callebaut, to dismiss this appeal pursuant to Tex. R. App. P. 42.1 because the parties have settled all matters in controversy. We grant the motion and dismiss the appeal with prejudice. Pursuant to the parties' agreement, we assess costs against the party incurring same. See Tex.R.App.P. 42.1(d) (absent agreement of the parties, the court will tax costs against the appellant).